For the purpose of this chapter, unless the context indicates otherwise, certain words and phrases used in this chapter are defined as follows:
A. "Alarm dispatch request" means a notification to the police department that an alarm system, either manual or automatic, has been activated at a particular premises.
B. "Alarm owner" means a person having or maintaining an alarm system on real property owned or controlled by such person. "Alarm owner" does not include an alarm system installation company or alarm system monitoring company.
C. "Alarm response manager (ARM)" means an individual capable of reaching and having access to the premises, the code to the alarm system, and the authority to approve repairs to the alarm system.
D. "Alarm system" means any mechanical or electrical device which is designed or used for the detection of any unauthorized entry into a building, structure or facility, or upon land or for alerting others of the commission of an unlawful act within a building, structure or facility, or upon land; and which emits a sound or transmits a signal or message when actuated. Alarm systems include, but are not limited to, automatic telephone dialing devices, telephone lines or other lines used solely to report emergency circumstances from a mechanical or electrical device directly from the premises to the police dispatch or alarm system monitoring company, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected land, building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.
E. "Alarm system installation company" means a person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system in a premises. This definition shall also include individuals or firms that install and service the alarm systems that will be used in their private or proprietary facilities. This does not include persons doing installation or repair work where such work is performed without compensation of any kind.
F. "Alarm system monitoring company" means any person, either located within or outside the city, that engages in the business, practice, or profession of monitoring alarm systems within the city, and which reports, directly or indirectly, any activation of such alarm systems to the city, its departments, divisions, officials, agents, or employees including, but not limited to, the police department and/or police dispatch.
G. "Audible alarm" means a device designed for the detection of unauthorized entry on premises which generates an audible sound on the Premises when it is activated.
H. "Automatic telephone dialing device" means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or digital signal an emergency message indicating a need for emergency response.
I. "Duress alarm" means a silent alarm signal generated by the entry of a designated code into the alarm system to signal that the alarm owner is being forced to turn off the system and requires police response.
J. "False alarm" means an alarm system that emits a light or sound, or transmits a signal or message, resulting in a response by the police department when the situation does not require such response. False alarms caused as a result of power failure, power surges, or acts of nature not the fault of the alarm owner or alarm system installation Company shall not be considered to be a false alarm.
K. "False alarm management company" means a company or organization who administers certain provisions of this chapter.
L. "False alarm program" means the program run by the chief of police which administers the provisions on this chapter.
M. "Holdup alarm" means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress or immediately after it has occurred.
N. "Nuisance alarm" means an alarm as described in Section 8.48.060 herein.
O. "One plus duress alarm" means the manual activation of a silent alarm signal by entering a code at the mechanism from which the alarm system is turned on (armed) and off (disarmed) regularly activated by adding one to the last digit of the normal arm/disarm code.
P. "Panic alarm" means an audible signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring police response.
Q. "Person" means any individual, sole proprietorship, partnership, company, corporation, limited liability company, business or other form of association or entity.
R. "Premises" means any private residential, commercial or industrial land and/or buildings located within the city. Premises includes land or buildings owned, rented, or leased by the federal, state or local governments, and school districts.
S. "Proprietor alarm" means an alarm which is not serviced by an alarm system installation company or alarm system monitoring company.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
B. The chief of police shall:
1. Designate the manner, form and telephone numbers for the communication of alarm dispatch requests.
2. Establish a procedure to accept cancellation of alarm dispatch requests.
3. Establish a system of recording data and maintaining records necessary to implement this chapter.
4. Establish procedure for notifying alarm owners of false alarms, including information regarding the date and time of police response to the false alarm, the amount of the fine for a false alarm and that response will be suspended to a nuisance alarm or for excessive false alarms; and a description of the appeals procedure available to the alarm owner.
C. If so requested by the chief of police, an alarm owner and the alarm system installation company and/or alarm system monitoring company responsible for the repair or monitoring of the alarm system shall appear at an appointed time and place to meet with a representative of the city to review the circumstances of each false alarm. For these purposes, the alarm system installation company and/or alarm system monitoring company must have a designated contact on record with the chief of police.
D. The chief of police is authorized to promulgate regulations and procedures to require the removal, replacement or modification of certain types of alarm system devices, including but not limited to any duress, panic, or holdup alarm button.
E. The chief of police is authorized to delegate his or her duties under this chapter in the promulgation of the false alarm program.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
It is unlawful for any person to use, or cause to be used, any electrical or mechanical device or attachment to a telephone that automatically reports a taped or other recorded message of a police or fire emergency direct to the police department, except for special conditions of certain handicapped individuals. Each such call shall be deemed a separate violation punishable as a misdemeanor.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
B. Every alarm system having an audible signal shall have a sign or notice posted on or near the audible device with the name and telephone number of the alarm owner or person responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building.
C. Every alarm system having an audible signal installed after the adoption of the ordinance codified in this chapter shall have a timing device which automatically silences the alarm within thirty minutes after the alarm is activated. Every alarm system having an audible signal installed prior to the adoption of the ordinance codified in this chapter without such a timing device shall be required to have such a device installed if any activated alarm is not deactivated within the thirty-minute time limit. The alarm owner or alarm system monitoring company shall be responsible for deactivating an alarm within thirty minutes after notification that such alarm is activated and ringing, or within thirty minutes after reasonable efforts have been made to provide such notification.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
B. A false alarm response fee shall not be assessed if the alarm system monitoring company or alarm owner promptly notifies police dispatch that a police response is not necessary, prior to the arrival of the police officer at the premises.
C. The chief of police shall notify the alarm owner in writing after each false alarm. The notification shall include: the amount of the false alarm fee assessment, the fact that police response may be suspended for excessive false alarms, and a description of the appeals procedure available to the alarm owner if they think the fee assessment is in error.
D. The alarm owner may request that a false alarm fee assessment be waived by setting forth, in writing, the reasons for the waiver request within fifteen business days after notice is received. This written appeal shall be sent to the false alarm management company. The appeal shall be reviewed by the chief of police or his or her designee. The decision of the chief of police or his or her designee is final.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
1. Any officer of the police department is authorized to enter on exterior private property areas, and into vehicles on private property or public streets, for the purpose of silencing a nuisance alarm. Forcible entry may be made into exterior alarm equipment boxes, attics, and crawlspace vents, in order to accomplish this purpose. Actions may be taken to silence vehicle alarms, including the towing of the vehicle as prescribed in the California Vehicle Code.
2. Neither the city nor its police officers, nor any officer or employee of the city, or of a private alarm service contractor engaged by the police department, shall be liable for damages to the alarm owner whose alarm system is emanating a nuisance alarm, for silencing the nuisance alarm, or for entry on the alarm owner's premises for the purpose of silencing a nuisance alarm or for any damage resulting from reasonable efforts to silence the nuisance alarm.
B. An alarm system shall be deemed a nuisance alarm and a public nuisance if such alarm system actuates excessive false alarms. Five or more false alarms in a one-year period shall be deemed a nuisance under this section.
C. An alarm system shall be deemed a nuisance alarm and a public nuisance if such an alarm system has been intentionally activated at least once to summon the police department to an incident for which the alarm system was not intended. This may include, but not be limited to, a robbery alarm being intentionally activated for an incident which is not a robbery, or an alarm which is intentionally activated, merely to see what police response would result.
D. An alarm system shall be deemed a nuisance alarm and a public nuisance if, after a request by the police department of the alarm owner or ARM to respond to an activated alarm in a manner requested by the police department, the alarm owner or ARM refuses to respond as requested.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
B. The no response status shall remain in effect until such time that the alarm owner for the nuisance alarm has provided adequate evidence to the chief of police that the problems causing the alarm to become a nuisance have been satisfactorily corrected.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
1. Maintain the premises and the alarm system in a manner that will minimize or eliminate false alarms;
2. Make every reasonable effort to respond, or have an ARM respond to the alarm system's location within twenty minutes when requested by the police department in order to:
a. Deactivate an alarm system;
b. Provide access to the premises; and/or
c. Provide alternative security for the premises.
3. Not activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report.
B. An alarm owner shall adjust the alarm system or cause the alarm system to be adjusted so that an audible alarm on the exterior of a premises will sound for no longer than thirty minutes after being activated.
C. An alarm owner shall have a licensed alarm system installation company inspect the alarm system after two false alarms in a one-year period. The chief of police may waive a required inspection if it determines that a false alarm could not have been related to a defect or malfunction in the alarm system. After four false alarms within a one-year period, the alarm owner must have a licensed alarm system installation company modify the alarm system to be more false alarm resistant and provide additional user training as appropriate.
D. An alarm owner shall not use an automatic telephone dialing device.
E. An alarm owner shall maintain at each premises, a set of written operating instructions for each alarm system.
F. All alarm owners shall agree with their alarm system installation company and/or alarm system monitoring company to go through an acclimation period for the first seven days after installation of an alarm system during which time the alarm system installation company and/or alarm system monitoring company will have no obligation to respond to any alarm signal from the premises or make alarm dispatch request of the police department, even if the alarm signal is the result of an actual alarm event.
G. This section applies to all persons, who have installed and/or monitor their own alarm system.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
A. Each alarm system installation company or an agent of any such company, operating or, or otherwise doing business in the city shall register its name and file a copy of its state issued identification card with the chief of police on a form prescribed by the chief of police.
B. Every alarm system installation company shall provide written and oral instructions to each of its alarm owners in the proper use and operation of their alarm systems. Such instructions will specifically include all instructions necessary to turn the alarm system on and off and to avoid false alarms. Alarm system installation Companies shall ensure that all alarm owners of alarm systems equipped with a duress, holdup, or panic alarm are given adequate training as to the proper use of the duress, holdup, or panic alarm.
C. Alarm system installation companies shall not program alarm systems so that they are capable of sending one plus duress alarms. The alarm system installation company shall remove the one plus duress alarm feature from alarm systems whenever an alarm technician is at the premises or otherwise accessing the panel for reprogramming purposes.
D. Alarm system installation companies shall not install a device to activate a holdup alarm, which is a single action, non-recessed button.
E. Alarm system installation companies shall use only ANSI/SIA CP-01 listed alarm control panels on all new installations and panel replacements or upgrades.
F. Alarm system installation companies shall not install automatic telephone dialing devices.
G. After completion of the installation of an alarm system, an alarm system installation company employee shall review with the alarm owner the customer false alarm prevention checklist or an equivalent checklist approved by chief of police.
H. An alarm system installation company that purchases alarm system accounts from another person shall notify the chief of police of such purchase and provide details as may be reasonably requested by the chief of police.
I. Each alarm system installation company must designate one individual as the alarm response manager ("ARM") for the company who will manage alarm related issues and act as the point of contact for the chief of police. The appointed individual must be knowledgeable of the general provisions of the ordinance, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the chief of police. The name, phone number, and email address of the designated ARM must be provided to the chief of police.
J. An alarm system installation company shall provide the false alarm management company with a customer list in a format acceptable to the chief of police, upon request, to assist with creating the police department's tracking data, so far as allowed with respect to state or local law that protects this customer information as confidential.
K. An alarm system installation company shall provide the false alarm management company with a list, in a format acceptable to the chief of police, of all new alarm system installations within thirty days of each new installation. This list shall include the contact information of the alarm owner and alarm response manager(s).
(Ord. No. 2272 N.S., § 1, 3-7-2018)
B. Alarm system monitoring companies shall not make an alarm dispatch request of the police department in response to an alarm signal, excluding panic, duress and holdup signals, during the first seven days following an alarm system installation. The chief of police may grant an alarm owner's request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption.
C. An alarm system monitoring company shall:
1. Verify every alarm signal, except a duress or holdup alarm activation, before initiating an alarm dispatch request;
2. Attempt to contact the alarm owner or alarm response manager(s) (ARM) at least twice (using at least two separate contact numbers) before initiating an alarm dispatch request;
3. Communicate alarm dispatch requests to the police department in a manner and form determined by the chief of police;
4. Communicate alarm dispatch request cancellations to the police department in a manner and form determined by the chief of police;
5. Ensure that all alarm owners of alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the duress, holdup or panic alarm;
6. Communicate any available information about the location on all alarm signals related to the alarm dispatch request;
7. Communicate nature of alarm;
8. After an alarm dispatch request, promptly advise the police department if the alarm system monitoring company knows whether the alarm owner or the ARM is on the way to the premises;
9. Upon the effective date of the ordinance codified in this section, alarm system monitoring companies must maintain for a period of at least one year from the date of the alarm dispatch request, records relating to alarm dispatch requests. Records must include the name, address and telephone number of the alarm owner, the alarm system zone activated, the time of the alarm dispatch request and evidence of an attempt to verify the alarm owner or ARM(s). The chief of police may request copies of such records for individually named alarm owners. If the request is made within sixty days of an alarm dispatch request, the alarm system monitoring company shall furnish requested records within three business days of receiving the request. If the records are requested between sixty days to one year after an alarm dispatch request, the alarm system monitoring company shall furnish the requested records within thirty days of receiving the request.
D. An alarm system monitoring company that purchases alarm system accounts from another person shall notify the false alarm management company of such purchase and provide details as may be reasonably requested by the chief of police.
E. Each alarm system monitoring company must designate one individual as the alarm response manager (ARM) for the company who will manage alarm related issues and act as the point of contact for the chief of police. The appointed individual must be knowledgeable of the general provisions of the ordinance, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the chief of police. The name, phone number, and email address of the designated ARM must be provided to the chief of police.
F. An alarm system monitoring company shall provide the false alarm management company with a customer list in a format acceptable to the chief of police, upon request, to assist with creating the police department's tracking data, so far as allowed with respect to state or local law that protects this customer information as confidential.
G. An alarm system monitoring company shall provide the false alarm management company with a list, in a format acceptable to the chief of police, of all new alarm monitoring accounts within thirty days of each new account. This list shall include the contact information of the alarm owner and ARM(s).
(Ord. No. 2272 N.S., § 1, 3-7-2018)
A. If the chief of police suspends response to alarms pursuant to Section 8.48.020 or Section 8.48.070, the chief of police shall send written notice of the action not less than ten (10) days prior to the effective date of such suspension and action and a statement of the right to an appeal to the alarm owner.
B. The alarm owner may appeal the above-referenced suspension to the city manager or his or her designee by setting forth in writing the reasons for the appeal within fifteen business days after notice. The decision of the city manager is final.
C. Filing of a request for appeal shall stay the action by the chief of police suspending the alarm response, until the city manager has completed his or her review.
(Ord. No. 2272 N.S., § 1, 3-7-2018)
(Ord. No. 2272 N.S., § 1, 3-7-2018)
(Ord. No. 2272 N.S., § 1, 3-7-2018)
A. It is unlawful for any person to violate or cause or permit to be violated any provision of this chapter. The assessment of a false alarm response fee as provided for in Section 8.48.050 is in addition to all other remedies available to the city.
B. In the event of the failure of any person to pay the assessments or fines pursuant to the provisions of this chapter, the city may institute an action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the city may be collected.
(Ord. No. 2272 N.S., § 1, 3-7-2018)